Our Guide to Preliens, Waivers, Mechanic's Liens, and Bond Claims in Ohio
Ohio
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This is an overview of the state's statutory approach to lien law and what contractors might want to focus on to ensure lien rights are established timely, correctly, and effectively.
While we are happy to provide this guide as a quick reference, we HIGHLY encourage that you work with a construction attorney to help you with your particular circumstances in our complex construction lien law environment.
Ohio Quick Overview
| Pursuant Code | OH Rev. Code Ann. §§ 1311.01 et seq. | |
| Prelien Required for Private/Commercial Projects | Yes | |
| Prelien Required for Public Projects | Yes | |
| OH Statutory Relief | Full Price | |
| Lien Milestone Event | Last furnishing/last invoice | |
| Lien Enforcement Deadline | 6 years | |
| Waivable Lien Rights | No specific statutes | |
| Supplier to Supplier Rights | Condiional, check statutes | |
| Prelien Document Name(s) | Notice of Furnishing | |
| Prelien Minimum Information | Claimant name and address, description of labor or materials furnished, party with whom the claimant contracted, and the project description sufficient for identification | |
| Prelien Minimum Notifications | Owner, and General Contractor if materials or labor were supplied to a subcontractor | |
| Prelien Recording Requirement | No | |
| Prelien Notarized | No |
Understanding the Prelien Process on Construction Projects in Ohio by Role
Ohio requires a Notice of Furnishing to be served within 21 days from first furnishing labor or materials if the property owner has filed a Notice of Commencement. The notice preserves lien rights prospectively from the date served unless it is timely. It is not required for claimants in direct privity with the owner.
Possible Exceptions, Special Circumstances, and Caveats in Ohio
Owner Occupied Residential: Shortened 60-day deadline to file lien applies for certain residential properties.
Residential: Shortened lien filing deadline of 60 days applies for certain dwelling and condominium properties.
Mechanic's Liens in Ohio
In Ohio, contractors, subcontractors, and suppliers have the right to file a mechanics lien on private projects if they are unpaid. Subcontractors and material suppliers must serve a Notice of Furnishing within 21 days of first furnishing labor or materials if a Notice of Commencement is recorded by the owner. A lien affidavit must be filed within 75 days (for commercial property), 60 days (for residential), or 120 days (for oil/gas well projects) after last furnishing. A copy must be served on the owner within 30 days of filing. Actions to foreclose a lien must be filed within 6 years of the filing date, unless a Notice to Commence Suit is served, shortening the timeframe to 60 days.
Bond Claims in Ohio
On public projects in Ohio, subcontractors and suppliers have bond claim rights when the project is bonded. To preserve the bond claim, subcontractors must typically serve a Notice of Furnishing within 21 days of first furnishing labor or materials if a Notice of Commencement has been filed. Bond claims must generally be filed within 60-90 days of last furnishing labor or materials, depending on contract terms, and suits to enforce bond claims must be initiated within the timeframe specified in the bond or within applicable statutory periods.
Construction Lien Waivers in Ohio
Required Format: Ohio does not require any specific statutorily required verbiage to be valid but be sure to check with your constuction attorney and consult any relevant state statutes.
Required Notarization: Ohio does not require waivers to be notarized.
Ohio statutes do not impose standardized waiver forms, but conditional and unconditional waivers are commonly used in practice. Lien rights cannot be waived in advance of furnishing labor or materials.
Learn more about waivers here, including the when and how to use various types of waivers, the difference between a Lien Waiver and a Lien Release, what to look for before signing, and more.
- As a client, you'll have free access to our system that easily creates statutorily correct lien waivers.
- Through our technology partner Prelien Pro, you can also access best-in-class lien waiver management software, allowing you to easily track, collaborate, and share lien waivers with all your trade partners.
Assessors' websites in Ohio counties
Most often, the county Assessor's office is the 'go-to' resource for finding online lien-related information for construction project parcels, including ownership records, special warranty deeds, and more. Counties that we've not yet found online (those with '*') link to a Google search for your convenience.
Other Important Construction Links in Ohio
Frequently Asked Questions (FAQs) on Ohio Lien Processes for Contractors
When must a Notice of Furnishing be sent in Ohio?
A Notice of Furnishing must be served within 21 days of first furnishing labor or materials if a Notice of Commencement has been filed.
Who must receive the Notice of Furnishing?
The Notice of Furnishing must be served on the property owner and, if applicable, the general contractor.
What happens if I miss the 21-day Notice of Furnishing deadline?
If you miss the deadline, you may only have lien rights for work performed or materials furnished after the late service date.
How long do I have to file a mechanics lien in Ohio?
Lien affidavits must be filed within 75 days (commercial projects), 60 days (residential dwellings), or 120 days (oil and gas wells) after last furnishing.
How long do I have to enforce my mechanics lien after recording it?
You have 6 years from the filing date to bring a foreclosure action, unless a Notice to Commence Suit is served, in which case you have 60 days.
We Set the Standard for the Construction Industry
Not only do we provide you with the tools, knowledge, and team to ensure you feel confident your rights are secured, but we're prepared for the trenches and ready to coordinate with your legal team when things "go sideways" on one of your projects.
